upr000283 169

% V Decisions which do not adhere to this fundamental rule of fairness and justice will ho set aside by the courts. The memorandum appended hereto discusses the rules of law in some . detail. Unless the errors in the Commissions decision are corrected by the Commission upon reconsideration, your peti­tioner has no other alternative than to pursue this case through the courts. The decision of the Commission manifestly requires revision. It is only fair and proper that the Commission have an opportunity to do this prior to resort to court action by petitioner. It is only fair to petitioner that this be done with the utmost dispatch. The evidence in this case shows that the Water Company did not earn a fair return in 1949 and that it suffered a substantial deficit in 1950. It will un­doubtedly suffer a deficit for the full year 1951. To obtain relief it filed rates to become effective February 26, 1951 and asked for an early hearing when they were suspended. The Commission was unable to conclude hearings until June 7, 1951. Through cooperation of petitioner, the Commission was given two successive extensions of thirty (30) days each within which to decide the case. It is manifest that even a satis­factory decision would have left the Water Company in an un- , satisfactory earning position for the calendar year 1951. We urge the Commission to take immediate action on this petition and to correct its decision by considering the evidence al­ready introduced* -15-